I thought that I would be the first to go to court but,,,,,,, I WON *******

[mardeman]

About a week ago I got the standard go away reply with the standard complaint procedure.

Although I knew how much they owed me, I am now asking for it officially as I beleive I will need this when I make a claim.

I beleive that I should send my second letter 26 days from today as this will then guarentee(!!) that I have given them 14 days and 40 days (for Data protection)

The main thing is, should I use the letter before action as it seems to have virtually the same wording as the approach letter, or should I just put furhter to my previous letter, not happy with the response etc etc etc.



It is amazing how A & L can get a DD letter to me the same day as the charge is made.

Are any of you aware that they actuall charge the amount BEFORE you go overdrawn. I had a conversaiton as there have been times that I had money in a savings account, and even though I transferred the money on the same day, charges are issued automatically first thing in the morning as soon as they see that there are no S/O's or DD's coming in.

Once I have done this, I will be on to my credit cards.....

This is a great forum, and I hope that I can get this resolved.

[MARTIN3030]

Taking short cuts will not be beneficial.
Follow the procedures as outlined within the site.
If you have not recieved the information requested within the Data Protection Act how can you send them a letter of lba ? (since you dont have the figures ?)

They have 40 days to reply so you should await this.
As this deadline approaches theres nothing wrong with planning the next steps.

However it is absolutely essential that you stick to the tried and tested lines of procedure that are laid down here.

If you dont then the banks WILL assume that you dont know what you are doing !!

[mardeman]

The reason I could write the first letter is becuase the account has only been open a year, and theroefre I already details of all of the late payments.

Thereofre I beleived that this was the correct process.

Having read more posts I soon realised that I should have documeneted proof which is why I am now sending the DP letter.

[MARTIN3030]

The Data Protection Act request letter has a request for any details of manual intervention and although up to now they have not been quick to acknowledge this it is important that the questions are asked.

Your LBA is based on the facts that you are giving them a final chance to resolve your complaints before legal steps are taken.

It is important that you give them reasonable time to address your complaints so whilst you do have transaction details already it would be wise to await their response to your Data Protection Act request.

As I always say (and I actively follow this in my own case) it is extremely useful to look and follow both resolved and ongoing cases here to get a full understanding and thought process to spur on your actions

Like I said there is no harm planning your next moves and working on a stratedgy but you need to await them completing their steps/or not complying as the case may be before you can make a positive move.

[mardeman]

I am still waiting for a copy of my statements. It is amazing as in a year, I only clocked up about £350.00

I am about to use the template LBA, but it appears that on a daily basis, more and more people are getting paid out either before issuing proceedings, or just after.

I was wondering if I could (should) include any of theri details in my letter, to show them that I know 'eventually' they will settle, so why cost themselves another £35.00 or so, AND all the agro.

This is not setting a precendance, as THEY KNOW THEY ARE WRONG.


Also, I have been bitten by the bug and want to start on my credit cards. Is it the same letter?



DONT MESS WITH ME !

[caro]

I think the fact that you are using the template letter will tell them that you know the score. I suggest that you stick to the tried and tested formula, as it is known to work. At least by taking longer you will get more interest back.

I believe that A&L credit cards are really MBNA so need to be done separately.

Have you done a preliminary request for your money back. If not you need to do that before the LBA. Make sure you follow the step by step instructions and fully understand what you are taking on, and the full process.

[mardeman]

I sent my first letter back in May, and received an answer on teh 16th of June. At this point I had not sent my DP letter. I have now received all of the statemetns, and am ready to go.

The response from A & L siad that I had 8 weeks to reply before the case was closed. Should I just send my LBA now, or as I have left it 6 weeks, is there anything I should do differently.?

[MARTIN3030]

They are talking about 8 weeks with no contact.
You should submit the next stage and start the clock ticking again.....the 8 weeks will not count.
Follow procedure.
As long as you have given a total of 28 days before MC and given them a reasonable chance to have dialogue with you then you have done as required.

[mardeman]

I hvae just had a response to my LBA. It is nearly a page long, but still the usual response. by C Coughlin.

Have people noticed that many credit card companies have started reducing their 'fines'

I know that some people have filled out the forms incorrectly, and although I have read more on this site than I ever read at School (!) I thouhgt I would fdouble check the text I was entering on moneyclaim

I have a contract with the defendant bank
which is conducted on their standard terms
and conditions. I am claiming the return of
money taken by the defendant in the way of
charges since opening the account. The
bank's charges are a disproportionate
penalty and therefore unenforceable as they
are contrary to common law. Further, as a
disproportionate penalty they are invalid
under the Unfair (Contracts) Terms Act 1977
s.4 and under the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 and sch.2
(1)(e). In the event that the charges are
not a penalty then they are unreasonable
within the meaning of the Supply of Goods
and Services Act 1982 s.15.
I have repeatedly asked the bank to justify
their charges but they have declined to do
so.
The claimant claims interest under section
69 of the County Courts Act 1984 at the rate
of 8% a year as per schedule sent to the
bank and along directly to the court of
£30.07 and
also interest at the same rate up to the
date of judgment or earlier payment at a
daily rate of {enter the daily rate of
interest}.

Since reading loads on this site I have sent DP's to

Barclaycard (2 or 2 accounts)
MBNA ( 2 accounts)
Tesco Mastercard (1 account)

I am sure that there is loads more money that I am going to get back.

[mallett]

I'm sending mine off today too so this is useful. Just one point..

"also interest at the same rate up to the
date of judgment or earlier payment at a
daily rate of {enter the daily rate of
interest}."

Don't you have to amend that? Is there space on the Moneyclaim form to enter your scedule of charges you are claiming or do you just enter the total plus interest?

[leebrannan]

hi mallet, i'm sending my moneyclaim tomorrow. the figure you put in there is the total amount of charges + the 8% interest x 0.00022.

check out my thread, there's some good advice on filling in the moneyclaim. i think you send your schedule of charges to the courts when you get your claim number

[caro]

Alternatively you could send it with your Allocation Questionnaire when you get that from the court.

[mardeman]

I have just filled out my moneyclaim form.

Wehn it came to the payment option I thought long and hard.

I cant wait until it shows on my A & L bank statemetn - 'Money claim online'

[MARTIN3030]

Ha Ha........too true.

You have done well.

Not long now eh ?